NRS 233B.121 Notice of hearing in contested case; contents of notice; representation by counsel; opportunity to respond and present evidence and argument; fees and mileage for witnesses; informal disposition; voluntary surrender of license in contested case deemed disciplinary action; contents of record; transcriptions; findings of fact.

396 words·~2 min read·/nv/chapter-233b-nevada-administrative-procedure-act/233b-121·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice.

2. The notice must include:

(a)A statement of the time, place and nature of the hearing.

(b)A statement of the legal authority and jurisdiction under which the hearing is to be held.

(c)A reference to the particular sections of the statutes and regulations involved.

(d)A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.

3. Any party is entitled to be represented by counsel.

4. Opportunity must be afforded all parties to respond and present evidence and argument on all issues involved. An agency may by regulation authorize the payment of fees and reimbursement for mileage to witnesses in the same amounts and under the same conditions as for witnesses in the courts of this state.

5. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. If an informal disposition is made, the parties may waive the requirement for findings of fact and conclusions of law.

6. The voluntary surrender of a license in a contested case shall be deemed to constitute disciplinary action against the licensee.

7. The record in a contested case must include:

(a)All pleadings, motions and intermediate rulings.

(b)Evidence received or considered.

(c)A statement of matters officially noticed.

(d)Questions and offers of proof and objections, and rulings thereon.

(e)Proposed findings and exceptions.

(f)Any decision, opinion or report by the hearing officer presiding at the hearing.

8. Oral proceedings, or any part thereof, must be transcribed on request of any party. The party making the request shall pay all the costs for the transcription.

9. Findings of fact must be based exclusively on a preponderance of the evidence and on matters officially noticed.